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Motor dealership problem

  • 08-02-2010 5:55pm
    #1
    Mr Digger
    Closed Accounts Posts: 100 ✭✭


    Hi,
    What would you consider ones position in this scenario, say I buy a car from a reputable dealership and pay cash for it in full, then, down the line I trade that vehicle in against a new one only to be told, after standard checks, there is outstanding finance owed on the vehicle by the previous owner.
    Lets say the dealer who sold me the vehicle cannot get resolution to the issue, would this be a civil or criminal case, as the car wasn't theirs to sell in the first place, and what should be the first course of action, for example would one make a complaint to SIMI whom the dealership is a member or skip all that and head for the Garda station/solicitors office with a view to having a day in court? :confused:
    Thanks.


Comments

  • #2
    Merch
    Closed Accounts Posts: 3,327 ✭✭✭Merch


    Im presuming it isnt the same dealership you're buying the new car from?


  • #3
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    The thing to do is to sue the dealer who sold the car to you. It is a civil matter and a breach of the warranty as to title. Saw a case like this in the courts last year. One dealer bought a car from another and sold it to a customer. It turned out there was outstanding finance on it. The customer sued the garage he bought the car from. That garage joined the garage it bought the car from as a third party. Judgment for the customer against his own garage with an order over against the original garage.


  • #4
    Mr Digger
    Closed Accounts Posts: 100 ✭✭Mr Digger


    Merch wrote: »
    Im presuming it isnt the same dealership you're buying the new car from?

    No different garage.


  • #5
    Mr Digger
    Closed Accounts Posts: 100 ✭✭Mr Digger


    thanks a mil for the info Jo, what would be the most time and cost efficient way to sue the dealership that sold the vehicle to me.? and could/would one claim costs for bringing the action?


  • #6
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    A lot depends on the cost of the vehicle. There are very low solicitors costs payable to the successful litigant in some courts.


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  • #7
    Mr Digger
    Closed Accounts Posts: 100 ✭✭Mr Digger


    €22,000 :eek: It seems so unfair that it will cost me money to get a resolution..


  • #8
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    22k is a Circuit Court claim so you should be able to recoup most or all of your costs if you win. You need to get an efficient solicitor and barrister and start a claim straight away. It will take some months at least to go through the court system.


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